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(영문) 인천지방법원 부천지원 2015.05.27 2015고단837
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:40 on February 26, 2015, the Defendant committed an indecent act, such as assaulting the victim’s her her her m, with his her right hand, etc., following the victim D (n, 34 years old), etc., who was in front of the door while getting on and off a 117-21 mar-ro, Guro-gu Seoul Metropolitan Government 117-21.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes written in D;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. When a conviction on the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (Indecent Act at Public Place) becomes final and conclusive, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on Probation, etc. does not reach an agreement with the victim on the grounds of sentencing, Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on Probation, Etc., and the defendant has been sentenced to a fine for the same kind of crime twice, and his family members are taking the Defendant’s preference by taking mental treatment, etc. against the defendant.

In light of the Defendant’s age, occupation, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure of personal information is determined as having special circumstances.

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